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1950 Supreme(All) 186

V.BHARGAVA
M. M. BASHIR – Appellant
Versus
STATE – Respondent


Advocates Appeared:
M.A.KAZI, P.N.CHAUDHURY

V. BHARGAVA, J.

( 1 ) THIS is an application by one M. M. Bashir for issue of a writ in the nature of habeas corpus. M. M. Bashir is being, detained in jail under the provisions of the Preventive Detention Act, 1950 (Act IV [4] of 1950 ). The order of detention was passed by the District Magistrate of aligarh on 27th March 1950, and the grounds of detention were communicated to the applicant soon after. On behalf of the applicant, it is urged that the detention of the applicant was illegal inter alia on the ground that the order of detention passed against him did not lay down the period for which the order of the District Magistrate was to remain in force. The original order passed by the District Magistrate wag produced in Court and it clearly showed that the District magistrate did not lay down the period for which he had directed the detention of the applicant in the custody of the Superintendent of the District Jail, Aligarh. It was contended that since the period of detention was not laid down at all by the detaining authority, the order was vague and indefinite and, therefore, the detention of the applicant was not in accordance with law. This ground must be accepted. An ord




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